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New Jersey Questions & Answers
1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Can I patent a game that has open domain IPs such as Santa Clause? I’m making a game where Santa is the main villain

I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

1 Answer | Asked in Civil Litigation for New Jersey on
Q: Can I sue a General Agency for terminating my contract and violating the terms of the contract?

I’m a health insurance broker in NJ. My General Agent has without my consent advised the health insurance carrier to alter the expiration date on our contract. The carrier is now holding my commissions and won’t release them as agreed in our contract. Can someone please advise?

Leonard R. Boyer
Leonard R. Boyer
answered on May 14, 2022

More facts and an examination of all relevant contracts is going to be needed in order to make a determination if you have a viable cause of action or not. But, from these facts (without knowing any more) it appears as if you might. With modern technology, you can be represented by any high-quality... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Warrant due to missing court date,unaware . Ticket for “no registration “ but I had went to DMV have paperwork.

This is from 2 yrs ago. I called once I received the warrant and new court date. I called the township it sent the warrant to she told me can Monday morning due to weekend.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 14, 2022

Tickets don't just go away and eventually if you don't pay them they turn into a warrant or a suspension of your drivers license or both. You can pay the warrant any time at any NJ police station, BUT if you want to pay it at the court you have to wait to do this during the weekday. The... Read more »

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3 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: I am in NJ. My ex doesn’t pay child support. If a lawyer filed a motion, can my ex Counter with request for more custody

I’ve been in contact with the state probation department about twice a month and he’s failed to give accurate employment and resident/contact information. He also didn’t come to our first hearing about enforcement via telephone but apparently

Nothing can really be done with Covid to... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 13, 2022

You need to retain an experienced matrimonial attorney to represent your interests. Just because your ex-may file a motion does not mean that he will get what he is seeking. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I filed for a default hearing for my divorce

It’s been over a month and it’s still not scheduled. I call the courts and they say they are just waiting. Is there anything I can do to speed the scheduling up?

Leonard R. Boyer
Leonard R. Boyer
answered on May 12, 2022

The are more steps that have to be followed. Representing yourself in a divorce is unwise. You really need to retain an experienced matrimonial attorney. You are not only emotionally involved, you do not know the Court rules or proper procedures. Trying to save some money can often result in costly... Read more »

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1 Answer | Asked in Consumer Law for New Jersey on
Q: I want to Sue a dealership for selling me a junk car. Can I do this? Car is a porsche Macan total $56k investment

Car is not covered under lemon law

Leonard R. Boyer
Leonard R. Boyer
answered on May 12, 2022

Realistically any attorney would need more facts and to review the purchase contract and any other related documents. Significantly more facts would be required. Using modern technology, geographic factors in obtaining an attorney are no longer relevant. You need an experienced civil litigation... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Is filing a motion in court the only way I can get my ex to sign up on “talking parents “ site ?

NJ - been divorced for 8 years.

Ex and I share custody of our only son (15 years old) . I am the residential parent and, he gets parenting time.

This was up to last year in June that is when he moved to the state of Florida.

Until today he didn’t say anything regarding... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on May 11, 2022

A motion could be made, but you cannot force someone to communicate with you or your son, if they really do not want to. Talking Parents is free on any browser but a Standard ($5.99 a month) or Premium ($19.99 a month) account is necessary to access the mobile app on iPhone or Android. Tips: It... Read more »

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1 Answer | Asked in Child Custody and Divorce for New Jersey on
Q: If we have a son and own a house together. Can I go live somewhere else with my son before the divorce?

Does this will have a bad consequence in the time of custody and division of property?

Is it better for me to wait until we dissolve the marriage and then leave?

Richard Diamond
Richard Diamond
answered on May 11, 2022

You need to sit down with a divorce lawyer before you do anything. Its impossible and irresponsible for any lawyer to give you advice in this setting without having a consultation to get a better understanding of your current setting.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I don't go to court and I was the one who filed will it be dropped or will I get in trouble of I don't show
Richard Diamond
Richard Diamond
answered on May 11, 2022

If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if... Read more »

3 Answers | Asked in Criminal Law for New Jersey on
Q: Can I drop a investigation for b & e

I had a family member Break into my home and steel stuff I called the police but know I don’t want the police to further investigate But I am scared of police Retaliation because I’ve had bad experiences

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 10, 2022

You can't drop a police investigation, what you can do is tell them its a mistake if it was, but if they find that you are or did lie to a law enforcement officer you can get in trouble. I suggest that you setup a consultation with an experienced criminal lawyer to determine your best options... Read more »

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1 Answer | Asked in Family Law and Immigration Law for New Jersey on
Q: how much would a lawyer charge to do a sijs case?

My sister is completing 21yrs old by the end of august, she is living in the USA on a expired B2 visa. Recently she found out that she could be eligible for the SIJS since she meets the criteria. The lawyer she talked to was asking for $7k to represent her, i thought that was a high price, i know... Read more »

Richard Diamond
Richard Diamond
answered on May 10, 2022

The issue is purely an immigration claim and needs to be answered by an immigration law specialist. Our firm specializes in divorce and family law issues and while there is an overlap between immigration issues and family law, in this setting, it is best to address your concerns over costs and... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on
Q: If I buy a house with my own money can my wife that I have been separated from for one year take half?

I have been separated (not legally separated) for one year and 2 months with my current wife. We have been married for 2 plus years. If I buy a home with my own savings that I had before getting married can she take half when we divorce?

Leonard R. Boyer
Leonard R. Boyer
answered on May 9, 2022

New Jersey is an equitable distribution state, so the answer is "NO". You also should get divorced prior to buying any house, and this market is overdue to colapse.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got married nov 2019. Then me and my husband filed so he can get his temp green card. We share a sim together.

I seperated from him oct 2020 because I found texts between him and a family member telling them to get the permanent green card and leave me. Divorce finalized with agreement that I have sole legal and physical custody. No child support. He sees his child once a month. Now he’s waiting for... Read more »

Agnes Jury
Agnes Jury
answered on May 9, 2022

He will not get permanent residency if you do not attend the interview with him. If you want to make sure he doesn't get the permanent residency, send in your divorce decree to the field office where the I-485 is being handled and where the interview is to take place. Best wishes!

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for New Jersey on
Q: Mother has sole legal and residential custody. Child is autistic. Father does not take to any appointments, doesn’t

Help when he’s on school break, won’t communicate because “the new girlfriend doesn’t like it”, won’t check on the child’s well being, and the child comes home very hungry and once with a deep scratch on the pelvic area. the mothers boyfriend/father to mothers other child takes off... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

This is a trick question. Your ex pays 90.00 per week in child support voluntarily but has little to no involvement in your child's life. Your current boyfriend is caring and involved in your child's life and wants to continue to be involved. Your ex is not stopping your boyfriend from... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: Am I in the wrong in asking for medical reimbursement from my ex?

NJ - divorced for 9 years.

Ex moved out of state to florida a year ago- has a new job and new medical insurance that he provides to our only son (15 years old)

Based on our agreement mandated by the court I pay the first $250.00 per year and, anything after that we pay half each.... Read more »

Richard Diamond
Richard Diamond
answered on May 9, 2022

Your agreement called for you to pay the first 250.00 of unreimbursed healthcare costs per year for your son (which includes prescription drugs, doctor co-pays, dentist appointments, etc - not 250 per item per year). You and your ex agree to share the cost of the ortho treatment, and he starts off... Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: How do i ask family court to turn over a townhome to my children so i can provide housing?

background father has a rental income producing property and still does not pay child support he is also in and out of jail constantly. i am facing eviction.

Richard Diamond
Richard Diamond
answered on May 9, 2022

Its not that simple. The best advice I can give you is to have a consultation with a family law specialist to review the amount of child support arrears outstanding ( get a printout from your account) and the details of your ex's ownership interest in the income-producing property and have the... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: After you get married, what steps does the husband have to take to change his last name to wife’s last name in NJ ?
Richard Diamond
Richard Diamond
answered on May 9, 2022

You can file a new change application through the court system by going to the court system website and formally filing an application for a name change (requires the filing of a complaint, publication, notice requirement, etc ) or you can go through the social security administration system for a... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: After you get married, what steps does the husband have to take to change his last name to wife’s last name in NJ ?
William N. Sosis
William N. Sosis
answered on May 9, 2022

It's not very complicated to have your name legally changed. You can do it yourself as a self-represented litigant without a having to hire a lawyer. Just be careful and follow the instructions at: https://www.njcourts.gov/forms/10551_namechg_adult.pdf?c=ojW

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a landlord in NJ. Tenant is late with paying rent and I want to evict. Tenant is paying month to month.

Can I ask tenant to leave without filing for eviction? I already filed once so she could qualify for Covid relief. Also, lease states no pets allowed and neighbor said she has 3-4 dogs there. Also, neighbor said boyfriend is there often, probably living there. Boyfriend is not apart of the lease.... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 9, 2022

Yes, you can ask. But in order to evict, you must follow the statutory requirements and file suit. Self help is not permitted in NJ.

1 Answer | Asked in Probate for New Jersey on
Q: If my (now-deceased) mother has a will, but her estate is worth less than 10K, can we do "small probate."
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 8, 2022

You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... Read more »

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